Administrative detention is detention without trial, officially intended to prevent a person from committing an act that is liable to endanger public safety. Unlike a criminal proceeding, administrative detention is not intended to punish a person for an offense already committed, but to thwart a future danger. The entire procedure is secret: administrative detainees are not told the reason for their detention or the specific allegations against them. Although detainees are brought before a judge to approve the detention order, most of the material submitted by the prosecution is classified and not shown to the detainee or his attorney. Since the detainees do not know the evidence against them, they are unable to refute it. The security establishment uses the confidentiality of the process to illegally exploit administrative detention, using it also to hold persons for offenses they have allegedly committed in the past so as not to expose evidence against them.
Southern Poverty Law Center
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